As an institution specializing in the resolution of civil and commercial disputes, the Arbitration Law of the People's Republic of China has made clear provisions on the manner in which arbitration cases are to be heard. Today, let's follow the editor to learn more about the hearing and written hearing of arbitration!
How the arbitration case is heard
Article 39 of the Arbitration Law provides that "arbitration shall be conducted in hearing. If the parties agree not to hold a hearing, the arbitral tribunal may make an award on the basis of the application for arbitration, the statement of defence and other materials. ”
It can be seen that there are two main types of arbitration hearings, namely, in-court hearings and written hearings.
Hearing of the arbitration
Hearings are the main mode of arbitration hearings.
When the hearing is held, the principle of oral hearing is adopted, that is, the arbitral tribunal presides over the hearing in accordance with the legal procedures, the parties and their representatives make statements and arguments on the relevant substantive and legal issues, and the witnesses, experts, interpreters and other arbitration participants make statements on the relevant facts and legal issues, and the arbitral tribunal finally makes an award.
Written Hearing of Arbitration
"Written hearing" means that if the parties agree not to hold a hearing to hear the case, or the arbitral tribunal obtains the written consent of the parties not to hold a hearing, the arbitral tribunal may conduct a written hearing and make an award on the case on the basis of the arbitration application, reply and other evidentiary materials.
On the written hearing
It is worth noting that although arbitration cases are mainly heard in court, written hearings are also an important supplement to hearing hearings.
The decision of the arbitral tribunal to make a written hearing is based on the written agreement of the parties on the one hand, and on the authorization of the arbitration rules. If the parties have agreed in advance in the arbitration agreement not to hold a hearing, it may be deemed that they have waived their right to hold a hearing in advance.
In the case of a written hearing, the arbitral tribunal may put questions to the parties in writing, and the parties may also submit written replies and comments, and make arguments in writing. The arbitral tribunal shall make an arbitral award after a comprehensive review of the written and evidentiary materials submitted by both parties.
Contributed by Wang Jing
Editor-in-charge: Zhang Shuqian
Editor: Han Xiaowen, Wang Yonghong
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